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1986-019 ORDINANCE NO. 86® 19 AN ORDINANCE APPROVING ANNEXATION AGREEMENT (bloodstone Townhomes) WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, there has heretofore been submitted to the Corporate Author- ities of the Village of Buffalo Grove a petition to annex the property legally described in Exhibit A hereto; and, WHEREAS, there has been submitted to the Corporate Authorities of the Village of Buffalo Grove an Annexation Agreement; and, WHEREAS, proper and due notices of public hearings on said Annexation Agreement and Zoning have been given and public hearings were held; and, WHEREAS, it is determined to be in the best interests of the Village of Buffalo Grove to approve said Annexation Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: SECTION 1. The Annexation Agreement, a copy of which is attached hereto and made a part hereof as Exhibit "A" is approved® SECTION 2. The President and Clerk of the Village are hereby author- ized to execute said Agreement on behalf of the Village of Buffalo Grove. SECTION 3. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified® AYES: 5 ® Marienthal, O'Reilly, Glover, Reid, Shields ................. NAYES: I - Kowalski ABSENT: 0 ® None .......... PASSED: April 7, 1986 APPROVED: April 7, 1986 APPROVED: V,.......... . . . . ....... .VERNA. 1- CLAYTON, Village Po sident l ATTEST: 7 Vil Cle�k, draft 2/28/86 revised 3/20/86 revised 3/24/86 revised 4/2/86 WOODSTONE TOWNHOMES ANNEXATION AGREEMENT TABLE OF CONTENTS 1. Applicable Law. 2 2, Agreement- Com liance and Validit 2 3. Enactment of Annexation Ordinance. 3 4. Enactment of Zoninz Ordinance. 3 5. Approval of Plats. 3 6. Compliance with A licable Ordinances. 4 7. Amendment of Plan. 4 8. Building Permit Fees. 5 9. Water Provision. 5 10. Storm and Sanitar Sewer Provisions. 6 11. Drainage Provisions. 7 12. PaXTent of Recapture Fees Owed. 7 13. Street and Parking Area Provisions. 7 14. Security-for Public and Private Site Improvements. 7 15. Exhibits. 7 16. Annexation Fee. 8 17. Buildin , Landsca in and Aesthetics Plans. 8 18. Declaration of Condominium. 8 19. Project Models. 9 20. Right of Way Dedication. 9 21. Park District Donations. 9 22. School District Donations. 10 23. Annexation to the Buffalo Grove Park District. 10 24. Facilitation of Development. 10 25. EnforceabilitZ of the Agreement. 10 26. Term of Agreement. 11 27. Binding Effect of Agreement. 11 28. Corporate Capacities. 11 29. Notices. a� 11 30. Default.- 12 31. S ecial Conditions. 13 draft 2/28/86 revised 3/20/86 revised 3/24/86 revised 4/2/86 WOODSTONE TOWNHOMES ANNEXATION AGREEMENT This agreement (hereinafter referred to as the "Agreement") made and entered into this 7th day of April, 1986, by and between the VILLAGE OF BUFFALO GROVE (hereinafter referred to as "Village") by and through the President and Board of Trustees of the Village (hereinafter collectively referred to as the "Corporate Authorities") , TOWN AND COUNTRY HOMES, a Division of Pinnacle Corporation, (hereinafter referred to as "Developer") , Thomas Jacobucci and Caroline Jacobucci and the Harris Bank Hinsdale, not individually, but as Trustee under Trust Agreement dated October 28, 1985 and known as Trust No. L-1131 together with its successors and assigns collectively (hereafter referred to as "Owners") . W I T N E S S E T H: WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; and, WHEREAS, Owner is the owner of a certain tract of property comprising 14.871 acres legally described and identified in the Plat of Annexation, which is attached hereto as EXHIBIT A, which exhibit is made a part hereof (hereinafter referred to as the "Property") and which real estate is contiguous to the corpo- rate limits of the Village; and, WHEREAS, Developer desires and proposes pursuant to the provisions and regulations applicable to the R-9 Zoning District of the Village Zoning Ordinance with a Special Use for a Planned Unit Development to develop property in accor- dance with and pursuant to a certain Preliminary Plan prepared by Zimmer-Howell Engineering, Ltd. and dated as last revised March 18, 1986, a copy of which Preliminary Plan is attached hereto as EXHIBIT D and incorporated herein, and 1 2438+65G � subject to all other exhibits attached hereto or incorporated by reference herein. WHEREAS, pursuant to the provisions of Section 11-15. 1-1 et. seq. , of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1983) and the Village of Buffalo Grove Home Rule Powers a proposed Annexation Agreement, in substance and in form substantially the same as this Agreement, was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by Statute; and, WHEREAS, pursuant to due notice and advertisement, the Plan Commission of the Village has held such public hearing prescribed by law and made their recommendations with respect to the requested zoning classification of R-9 Zoning District with a Special Use for a Planned Unit Development; and, WHEREAS, the President and Board of Trustees after due and careful consid- eration have concluded that the annexation of the Property to the Village and its zoning and development on the terms and conditions herein set forth would further enable the Village to control the development of the area and would serve the best interests of the Village. NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements herein set forth, the parties hereto agree as follows: 1. Applicable Law. This Agreement is made pursuant to and in accordance with the provisions of Section 11-15.1-1 et. seq. , of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1983) and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Agreement. 2. Agreement: Compliance and Validity. The Owner has filed with the Village Clerk of the Village a proper petition (EXHIBITS B-1 and B-2 hereto) pursuant to and in accordance with provisions of Section 7-1-8 of the Illinois 4/2/86 Municipal Code (Chapter 24, Illinois Revised Statutes 1983) , conditioned on the execution of this Agreement and the compliance with the terms and provisions contained herein, to annex Property to the Village. It is understood and agreed that this Agreement in its entirety, together with the aforesaid petition for annexation, shall be null, void and of no force and effect unless Property is validly annexed to the Village and is validly zoned and classified in the R-9 Zoning District with a Special Use for a Planned Unit Development as set forth herein, 3. Enactment of Annexation Ordinance. The Corporate Authorities within twenty-one (21) days of the execution of this Agreement by the Village will enact a valid and binding ordinance (hereinafter referred to as the "Annexation Ordi- nance") annexing Property to the Village. Said Annexation Ordinance shall be recorded with the Lake County Recorder's Office along with the Plat of Annexation (attached hereto as EXHIBIT A) . Recordation shall take place no more than thirty (30) days after enactment of Annexation Ordinance. 4. Enactment of Zoning Ordinance. Within twenty-one (21) days after the passage of the Annexation Ordinance, the Corporate Authorities shall adopt a proper, valid and binding ordinance, zoning Property in the R-9 Zoning District with a Special Use for a Planned Unit Development subject to the restrictions further contained herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to time. Said zoning shall be further conditioned on the development of the Property in in accordance with a Preliminary Plan prepared by Zimmer-Howell Engineering, Ltd, and dated March 18, 1986, (EXHIBIT D) . 5. Approval of Plats. The Corporate Authorities hereby approve a Prelimi- nary Plan (EXHIBIT D) pursuant to the provisions of the Development Ordinance and in addition agree to approve a Final Plan of Development or plats of the develop- ment of Property upon submission by the Developer of complete and proper mater- 4/2/86 3 �3 w ials as required for the issuance of appropriate building and other permits based on final versions of the plans and drawings of the development of Property as submitted by the Developer provided that the plat or plats shall: (a) conform to the Preliminary Plan, (EXHIBIT D) ; and (b) conform to the terms of this Agreement and all applicable Village Ordinances as amended from time to time; and (c) conform to the Development Improvement Agreement (EXHIBIT C) as amended from time to time. It is understood and agreed that the final subdivision plat that will hereinafter be submitted by the Developer shall conform to the Preliminary Plan. 6. Compliance with Applicable Ordinances. The Developer agrees to comply with all ordinances of the Village of Buffalo Grove as amended from time to time in the development of the Property, provided that all new ordinances, amendments, rules and regulations relating to zoning, building and subdivision of land adopted after the date of this Agreement shall not be arbitrarily or discrimina- torily applied to the Property but shall be equally applicable to all property similarly zoned and situated to the extent possible. Developer, in the develop- ment of the Property shall comply with the standards set forth in the Village of Buffalo Grove Development Ordinance as amended from time to time. 7. Amendment of Plan. If the Developer desires to make changes in the Preliminary Plan, as herein approved, the parties agree that such changes in the Preliminary Plan will require, if the Village so determines, the submission of amended plats or plans, together with proper supporting documentation, to the Plan Commission and/or the Corporate Authorities to consider such changes to this Agreement. The Corporate Authorities may, at their sole discretion, require additional public hearings and may review the commitments of record contained in this Agreement, including, but not limited to fees, prior to final consideration of any change in the Preliminary Plan. The Village Manager is hereby authorized to approve such minor changes as he deems appropriate, provided that no such changes--(a) involves a reduction of the area set aside for common open space; 4/2/86 2438656 4 nor (b) increases by more than two percent (2%) the total ground area covered by buildings. 8. Building Permit Fees & Engineerina Conflicts. The building permit fees may be increased from time to time so long as said permit fees are applied consistently- to all other developments in the Village to the extent possible. In the event a conflict arises between the Developer and the Village on any engineering and technical matters subject to this Agreement, the Village reserves the right to pass along any and all additional expenses incurred by the use of consultants in the review and inspection of the development from time to time. Developer shall pay any non-discriminatory new or additional fees hereinafter charged by the Village to developer of property within the Village. 9. Water Provision. The Developer shall be permitted and agrees to tap on to the Village water system at points recommended by the Village Engineer which points to the extent shown on EXHIBIT D are hereby approved by the Village, however, it is understood that changes to the Preliminary Plan may be required at the time of Final Engineering. The Developer further agrees to pay to the Village such fees in accordance with the applicable Village Ordinances at the time of the issuance of the water and sewer permits. The Developer agrees to accept any increase in water rates and tap on fees provided such rates and fees apply consistently to all other similar users in the Village to the extent possible. Following such tap on, the Village agrees to provide to the best of its ability and in a non-discriminatory manner water service to all users on the Property in accordance with the Preliminary Plan. Watermains serving the Proper- ty and those approved as part of the development shall be installed by the Developer and, except for service connections to the buildings shall, upon installation and acceptance by the Village through formal acceptance action by 4/2/86 �4�8sss - the Corporate Authorities, be dedicated to the Village and become a part of the Village water system maintained by the Village. 10. Storm and Sanitary Sewer Provisions. A. The Corporate Authorities agree to cooperate with the Developer and to use their best efforts to aid Developer in obtaining such permits from govern- mental agencies having jurisdiction as may be necessary to authorize connection from the proposed development to the Lake County Department of Public Works for the collection of sewage and to the Lake County Highway Department as may be appropriate. The Developer shall construct on-site and off-site sanitary sewers as may be necessary to service the Property, as per EXHIBIT D, however, it is understood that changes to the Preliminary Plan may be required at the time of Final Engineering, Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain such systems, except for sanitary sewer service connections. The Developer agrees to accept any increase in sewer rates and tap on fees, provided that such fees and rates are applied consistently to all similar users in the Village to the extent possible. B. The Developer shall also construct on the Property in question any storm sewers which may be necessary to service the Property, as per EXHIBIT D, however, it is understood that changes to the Preliminary Plan may be required at the time of Final Engineering. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain that portion of the storm sewer system which serves public streets, or multiple properties, and the Developer agrees to operate and maintain that portion of the storm sewer system located on the subject Property and not dedicated, and shall record a covenant to that effect within thirty (30) days of the recording of the Plat of Subdivision. 4/2/86g3Dss VV � 6 11. Drainage Provisions. The Developer shall fully comply with any request of the Village Engineer related to the placement of buildings on lots, to pre- serve drainage standards. The Developer shall install any storm sewers and/or inlets which are required to eliminate standing water or conditions of excess sogginess which may, in the opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses. 12. Pa ent of Recapture Fees Owed. Any amount of recapture required to be paid by this Property shall be due and payable upon final platting of this devel- opment. The amount of said recapture is described in Ordinances 78-82 and 79-25. 13. Street and Parkin Area Provisions. The Developer agrees that all streets, parking and other areas are to be constructed in accordance with Village standards as set forth in the Development Ordinance as amended from time to time. 14. Security for Public and Private Site Improvements. Security for public and private site improvements shall be provided in accordance with the Develop- ment Ordinance, and the Development Improvement Agreement (EXHIBIT C) as amended from time to time. Any letter of credit issued for such improvements shall be drawn on a financial institution of net worth reasonably satisfactory to the Village Attorney. The issuer may have an equitable or lending interest in the Property provided that the letter of credit, either by its own terms or by separate written assurances of the issuer, shall be honored irrespective of that interest. The Village shall have the right to draw up to the full amount of the letter of credit in order to complete, and have formal acceptance of, all im- provements secured by the letter of credit. The amount of the letter of credit shall not be reduced by expenditures may by the Developer until such improvements have been formally accepted by the Village. 15. Exhibits. The following EXHIBITS, some of which were presented in testimony given by the Developer or the witnesses during the hearings held before 4/2/86 ® 44386Js � 7 . ,... . gym...., ..,,, the Plan Commission and the Corporate Authorities prior to the execution of this Agreement, are hereby incorporated by reference herein, made a part hereof and designated as shown below. This Agreement, upon execution by the parties, together with copies of all EXHIBITS, shall be kept on file with the Village Clerk and be available for inspection to the parties hereto. EXHIBIT A Plat of Annexation EXHIBIT B Petitions for Annexation of Property EXHIBIT C Development Improvement Agreement EXHIBIT D Preliminary Plan EXHIBIT E Plan Data EXHIBIT F Preliminary Landscaping Plan EXHIBIT G Architectural Rendering & Floor Plans 16. Annexation Fee. Developer agrees to pay an annexation fee in an amount equal to $200 per unit which fee shall be payable prorata at issuance of building permits. However, this fee shall be paid in full prior to the expiration of this Agreement. 17. Buildin , Landscaping and Aesthetics Plans. Developer will submit building and landscaping plans (which landscaping plans shall conform to the requirements of Village Ordinances) for approval by the Appearance Commission and the Corporate Authorities before commencing construction of buildings. Lighting and signage shall be compatible with surrounding areas. Phases not under con- struction or completed shall be maintained in a neat and orderly fashion as determined by the Village Manager. 18. Declaration of Condominium. In the event that any portion of the Property shall be developed under the Illinois Statutes relating to condominiums, the condominium covenants, conditions and restrictions shall include a provision whereby the Village shall have the right, but not the obligation, to enforce covenants or obligations of the association or the owners of the units as defined and provided within the Declaration of Condominium, and further shall have the right, upon thirty (30) days prior written notice specifying the nature of a 4/2/86 2438sss' 8 default, to enter upon common open spaces and cure such default, or cause the same to be cured at the cost and expense of the association or the owner or owners thereof. The Village shall also have the right to charge or place a lien upon the Property of the condominium association for the repayment of such costs and expenses, including reasonable attorneys` fees in enforcing such obligations. The declaration shall further provide that this provision may not be amended without the approval of the Village. Prior to recording, the finalized Declara- tion of Condominium shall be submitted to the Corporate Authorities for their approval for compliance with this paragraph. Said Declaration shall include, but not by way of limitation, the following covenants and obligations: to maintain the common areas pursuant to Village of Buffalo Grove Ordinances and in a neat and orderly manner. This paragraph 18 shall also apply to the Property even if the Property is not submitted to the Illinois Condominium Act in that the requirements hereunder shall also apply to any homeowners association or covenant or restriction of record for common area parcel(s) which serve one or more units. 19. Project Models. The Village agrees to permit the Developer to con- struct and maintain one (1) model area on the Property, together with suitable off-street parking areas, all subject to Appearance Commission approval. Such construction shall be in compliance with the provisions of the Village's Building Code in existence at the time of building permit issuance. Further, the Develop- er may utilize models only as a project office for the marketing of portions of the Property. Such use shall be discontinued when the project contemplated herein has been fully and finally completed. 20. Ri, ht of Way Dedication. The Developer acknowledges that it is the intention of the Village and other involved agencies that at some time in the future Weiland Road will be widened. At the request of the Village, but no later than upon approval of the Final Plat of Subdivision, the Developer agrees to 4/2/86 4386Ss , -✓ q dedicate such additional right-of-way along Weiland Road as may be required to permit the widening of Weiland Road to 51 feet from the center line. 21. Park District Donations. Developer agrees to comply with the pro- visions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding park donations. Developer agrees that it will make contributions of cash to the Village for conveyance to the Buffalo Grove Park District accord- ing to the criteria of said Title. Said cash contribution shall be based on the active park requirement of 5.5 acres per 1000 population. Passive credit has been satisfied by the detention basin. 22. School District Donations. Developer agrees to comply with the pro- visions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding school donations. Owner agrees that it will make contributions of cash to the Village for conveyance to School Districts #102 and #125 according according to the criteria of said Title. 23. Annexation to the Buffalo Grove Park District. The Developer agrees, at the request of the Buffalo Grove Park District, to annex any part or all of the subject Property to said Park District. 24. Facilitation of Development. Time is of the essence of this Agreement, and all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed that the successful consummation of this Agreement and the development of the Property in the best interests of all the parties requires their continued cooperation. The Developer does hereby evidence his intention to fully comply with all Village requirements, his will- ingness to discuss any matters of mutual interest that may arise, and his will- ingness to assist the Village to the fullest extent possible. The Village does hereby evidence its intent to always cooperate in the resolution of mutual problems and its willingness to facilitate the development of the Property, as contemplated by the provisions of this Agreement. �3 4/2/86 2438656 in 25. Enforceability of the Agreement. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties or by an appropriate action at law or in equity to secure the performance of the covenants herein described. If any provision of this Agreement is held invalid, such provisions shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the provisions contained herein. 26. Term of Agreement. This Agreement will be binding on all parties for a term of twenty (20) years from the date of the execution of this Agreement by the Village. This Agreement shall not be assigned without prior written consent of the Village. 27. Binding Effect of Agreement. This Agreement shall be binding upon the parties hereto, their respective successors and assigns. 28. Cor orate Capacities. The parties acknowledge and agree that the individuals that are member of the group constituting the Corporate Authorities are entering into this Agreement in their official capacities as members of such group and shall have no personal liability in their individual capacities. 29. Notices. Any notice required pursuant to the provisions of this Agreement shall be in writing and be sent by certified mail to the following addresses until notice of change of address is given and shall be deemed received on the fifth business day following deposit in the U.S. Mail. If to Developer: George Panages Town & Country Homes 125 W. 55th Street Clarendon Hills, IL 60514 Copy to: Theodore J. Cachey 9961 W. 151st Street Orland Park, IL 60462 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 4/2/86 11 Copy to: William G. Raysa Bloche' , French & Raysa 1011 Lake Street Oak Park, IL 60301 30. Default. A. In the event Developer defaults, in his performance of his obliga- tions set forth in this Agreement, then the Village, may, upon notice to Develop- er allow Developer sixty (60) days to cure default or provide evidence to the Village that such default will be cured in a timely manner if it cannot be cured during said period. If Developer fails to cure such default or provide such evidence as provided above, then, with notice to Developer, the Village may begin proceedings to disconnect from the Village any portion of the Property upon which development has not been completed or at the option of the Village, to rezone such Property to the R-1 District zoning classification. In such event, this Agreement shall be considered to be the petition of the Developer to disconnect such portion of the Property, or at the option of the Village to rezone such Property to the R-1 District zoning classification. B. In addition to sub-paragraph A. hereof, it is recognized by the parties hereto that there are obligations and commitments set forth herein which are to be performed and provided for by the Developer not by the Owner. The Village agrees that the Owner as such is exculpated from any personal liability or obligation to perform the commitments and obligations set forth herein and that the Village will look solely to the Developer for such performance, except that to the extent that the Owner or successor thereto shall become a developer or shall designate or contract with a developer other than Town & Country Homes then in that case, the Owner or the new designee shall be subject to the liabil- ities, commitments and obligations of this Agreement. Notwithstanding anything contained herein to the contrary, the exculpatory clause of this paragraph shall not in any way affect the real estate comprising the Property. In the event the 4/2/86 12 6s6` Owner or Developer defaults in his obligations created under this Agreement, the Village may enforce such obligations against the Property owner. 31. Special Conditions. A. A variation is hereby granted to Section 17.20.060.E.4.c. of the Zoning Ordinance to allow building setbacks from adjacent single family parcels to be less than two times the building height. IN WITNESS WHEREOF, the Corporate Authorities, Developer and Owner have caused this instrument to be executed by their respective proper officials duly authorized to execute the same on the day and the year first above written. VIL E OF BUFFALO GROVE .17 VERNA L. CLAYTON, Village Pr ident ATT S , �w Villa , le:fk " qDE M e"l-) ATTEST: OWNER ATT T: OWNE AT ST: 4/2186 4 8 ss n HARRIS BANK HINSDALE, notes individually, but as Trustee under Trust Agreement datedai October 28, 1985, and known � as Trust No. L-1131 ATTESTED BY: As its ASSISTANT TRUST OFFICER TITLE: ASSISTANT TRUST OFFICER This document is made by the HARRIS BANK Hinsdale as Trustee and accepted upon the express under- standing that the HARRIS BANK Hinsdale enters into the same not personally, but only as Trustee and that no personal liability is assumed by nor shall be asserted or enforced against the HARRIS BANK Hinsdale be- cause of or on account of the making, or executing this document or of anything therein contained, all such liability, if any being expressly waived, nor shall the HARRIS BANK Hinsdale be held personally liable upon or in consequence of any of the covenants of this document, either expressed,; or implied, 1� 14 243865 P-r= ORcER L.AKE COUN i Y. ILLINOIS 1986 MAY - I PH 12:, 15 STATE OF ILLINOIS ) _ SS. COUNTY OF COOK & LAKE ) I, JANET M. SIRABIAN, hereby certify that I am the duly elected, qualified and acting VILLAGE CLERK of the Village of Buffalo Grove, Counties of Cook and Lake, Illinois, and the keeper of its seal and records. I-hereby further certify that the attached is the original of Ordinance No. —1 adopted on the k/ day of p- d Y 19 0 0 , by the Village Board of the Village of Buffalo Grove as shown by .the records in my custody. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Village of Buffalo Grove aforesaid, at said Village, in the County and State aforesaid, this CZW� day of , 19CAI . Village C erk a